West Virginia § 36-8-6 Burden of proof as to property evidenced by record of check or draft

West Virginia Statutes

§ 36-8-6 — Burden of proof as to property evidenced by record of check or draft

West Virginia § 36-8-6

Ch. 36ESTATES AND PROPERTY

Art. 8UNIFORM UNCLAIMED PROPERTY ACT

This text of West Virginia § 36-8-6 (Burden of proof as to property evidenced by record of check or draft) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 36-8-6 (2026).

Text

A record of the issuance of a check, draft or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge and want of consideration are affirmative defenses that must be established by the holder.

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A record of the issuance of a check, draft or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge and want of consideration are affirmative defenses that must be established by the holder.